HomeMy WebLinkAboutR-21-0188City of Miami
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Legislation
Resolution: R-21-0188
File Number: 8932
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/13/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT
("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI AND CARLOS A. RODRIGUEZ AS
SUCCESSOR TRUSTEE OF FLORA RODRIGUEZ REVOCABLE TRUST FOR
THE ACQUISITION OF REAL PROPERTY LOCATED AT 1641 NORTHWEST 5
STREET, MIAMI, FLORIDA FOR A PURCHASE PRICE OF ONE MILLION TWO
HUNDRED THIRTY-SIX THOUSAND DOLLARS ($1,236,000.00); FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID
ACQUISITION; ALLOCATING FUNDS FROM A SOURCE TO BE
DETERMINED IN AN AMOUNT NOT TO EXCEED ONE MILLION FOUR
HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($1,425,000.00) TO
COVER ALL COSTS OF SAID ACQUISITION, INCLUSIVE OF THE COST OF
SURVEY, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION,
SECURING THE PROPERTY, PROJECT SIGNAGE, AND ALL CLOSING
COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE AGREEMENT.
WHEREAS, the City of Miami ("City") wishes to acquire the real property located at 1641
Northwest 5 Street, Miami, Florida ("Property"); and
WHEREAS, the City plans to construct a park at the Property that will serve the
recreational and cultural needs of the area and enhance the quality of life of residents in the
surrounding area; and
WHEREAS, Carlos A. Rodriguez as Successor Trustee of Flora Rodriguez Revocable
Trust ("Seller") has agreed to enter into a Purchase and Sale Agreement ("Agreement") with the
City to convey the Property to the City for a purchase price of One Million Two Hundred Thirty -
Six Thousand Dollars ($1,236,000.00) ("Purchase Price"); and
WHEREAS, pursuant to Section 166.045(1)(b), Florida Statutes, titled "Proposed
Purchase of Real Property by Municipality; Confidentiality of Records; Procedure," for each
purchase in an amount in excess of $500,000.00, the governing body shall obtain at least two
(2) appraisals by appraisers approved pursuant to Section 253.025, Florida Statutes; and
WHEREAS, the City obtained two (2) appraisal reports from licensed State of Florida
certified appraisers ("Appraisals"); and
City of Miami Page 1 of 2 File ID: 8932 (Revision:) Printed On: 512012021
File ID: 8932 Enactment Number: R-21-0188
WHEREAS, Section 166.045(1)(b), Florida Statutes, further states that if the agreed
purchase price exceeds the average price of the two (2) appraisals, the governing body is
required to approve the purchase by an extraordinary vote (i.e., a four -fifths [4/5ths] vote of the
City Commission); and
WHEREAS, the Purchase Price exceeds the average appraised value indicated in the
Appraisals; and
WHEREAS, the City's total cost for the acquisition of the Property shall not exceed One
Million Four Hundred Twenty -Five Thousand Dollars ($1,425,000.00), which is inclusive of the
Purchase Price as well as all closing and related costs pertaining to the acquisition; and
WHEREAS, funds for the acquisition of the Property shall be allocated from a source to
be determined, subject to all applicable laws;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is authorized' to negotiate and execute the Agreement, in
a form acceptable to the City Attorney, between the City and the Seller for the acquisition of the
Property for the Purchase Price.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other documents, including amendments and modifications to said Agreement, all in forms
acceptable to the City Attorney, as may be necessary to effectuate said acquisition.
Section 4. The City Manager shall budget, allocate, and appropriate necessary funds in
an amount not to exceed One Million Four Hundred Twenty -Five Thousand Dollars
($1,425,000.00) for the costs of acquisition, including without limitation, the cost of survey,
environmental reports, title insurance, demolition, securing the property, project signage, and all
closing costs associated with said acquisition, with the allocation and appropriation to occur by
separate Resolution at time of need from legally available funding sources in accordance with
applicable operating and/or capital plan budgets, including amendments of such applicable
budgets as necessary.
Section 5. This Resolution shall become effective immediately upon its adoption
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, ity Attor ey 5/3/2021
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 8932 (Revision:) Printed on: 512012021